The socialization of jurors the voir dire as a rite of passage

The Effects of Demand Characteristics, Evaluation Anxiety, and Expectancy on Juror Honesty During Voir Dire

“…If so, the most likely time for jurors to begin taking on characteristics of the role is during voir dire, their initiation into court. Balch, Griffiths, Hall, and Winfree (1976) suggested that voir dire conducted by the lawyers provides a "rite of passage" for jurors and clarifies the various role relationships among members of the courtroom. Padawer-Singer, Singer, and Singer (1974) found that when voir dire was conducted by opposing lawyers, the effects of prejudicial information were decreased and jurors were made more aware of the importance of legal procedures and were more committed to the juror role and to a thorough examination of the evidence.…”

Judging Bias: Juror Confidence and Judicial Rulings on Challenges for Cause

“…Thus our participant judges may well have found it easier than they would in an actual voir dire to say that a hypothetical juror should be excused in the interest of fairness. Given that observational studies suggest that judges often deny cause challenges in cases like the ones we presented (Balch et al 1976;Rose 2003;Shuy 1995; see also Zalman & Tsoudis 2005), and given the attorney results in this study, we suspect that our judges may have been mistaken in claiming that these jurors would generally be dismissed for cause. More likely, the decision to excuse will depend on a perception that the juror can set aside potential bias.…”

“…Contributing to this assessment are jurors' own reports about how a given characteristic affects them (see Hannaford-Agor & Waters 2004). All jurors must affirm that they are able to listen to evidence impartially, consider only evidence and the law in decision making, and follow the law as given (see Balch et al 1976;Johnson & Haney 1994). Based on the type of case, the red flag at issue, the juror's assessment of his or her abilities, and the juror's demeanor (e.g., Uttecht v. Brown 2007), a judge decides whether or not to believe the juror's claims of an ability to be fair.…”

Jury selection in two countries: a psychological perspective

“…Attorneys may use the voir dire to cultivate rapport with jurors) to develop trial strategy, to forewarn jurors about negative evidence in the case, and to educate the jurors about important legal issues (Bailey & Rothblatt, 1971). Balch et al (1976) and Broeder (1965) have documented the prevalence of educative and instructional strategies of lawyers during voir dire examinations. McConahay, Mullin and Frederick (1977) speculate that the scientific jury selection techniques they employed in the 3oan Little trial may have had a placebo effect on jurors.…”